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Heads of terms can form a binding contract
The High Court has held that heads of terms agreed at a mediation are capable of amounting to a binding contract that the court will uphold. The case
Arbitration. Enforcement of Agreements to Arbitrate. Non-signatories. District court grants motion to compel arbitration, concluding that non-signatory defendant was either a party to the arbitration agreement, a third party beneficiary, or an agent of a signatory.
Plaintiff James Thompson ("Thompson") brought this suit against Defendant Sutherland Global Services, Inc. ("Sutherland") pursuant to the Telephone
Arbitration. Enforcement of Agreements to Arbitrate. Supreme Court of Alaska holds that settlement agreement releasing parties from "any and all obligations" under prior contract also releases parties from arbitration agreement contained in that contract.
In May 2016, after entering into a contract for the construction of a restaurant in Hawaii, Jet Commercial Construction, LLC ("Jet"), an Oklahoma
Service on a Sovereign State Part II: Play it again Sam on What, When, How, and Why?
Clarification on the juncture between service, enforcing arbitration awards, and the State Immunity Act 1978: since our first comment on these
Arbitration. Confirmation of Award. District court holds that issue of waiver must be decided by court and not arbitrator, and that court of the seat of arbitration is the appropriate court for such decisions.
In September of 2006, Goldgroup Resources, Inc. ("Goldgroup") entered into an EarnIn Option Agreement (the "Option Agreement") with DynaResource De
Arbitration. Vacatur and Confirmation. Eleventh Circuit affirms district court's decisions on subject-matter jurisdiction, dismissal of petition to vacate arbitral award and confirmation of arbitral award.
Defendant Del Monte International GmbH ("Del Monte"), a Swiss Corporation, developed the MD-2 pineapple variety in 1980s and introduced it to Costa
Arbitration. Confirmation of Award. Second Circuit employs "look-through" approach to petitions to confirm arbitration awards to determine whether subject matter jurisdiction exists.
In June 2005, two groups from the Bobov Hasidic Jewish community in Brooklyn, New York, agreed to arbitrate certain disputes before a rabbinical
Arbitration. Foreign Sovereign Immunities Act. Forum Non Conveniens. District court stays action to confirm foreign arbitral award under New York Convention after finding state-owned entity subject to court's jurisdiction under FSIA.
Devas Mutlimedia Private Ltd. ("Devas") brought an action to confirm a foreign arbitral award issued against Antrix Corp. Ltd. ("Antrix"), an entity
Arbitration. Confirmation of Award. District court confirms arbitration award, finding that a pending appeal in a related state court action was no basis to vacate the award.
Corrib Oil Biofuels, LLC ("Corrib Oil") contracted with FCStone Merchant Services, LLC ("FCSTONE") to purchase degummed soybean oil. Ballinasmalla
Arbitration. Claim Preclusion. Ninth Circuit found that arbitration award and confirmation by a district court barred plaintiff from pursuing action based on the doctrine of claim preclusion, under Florida law.
NTCH-WA, Inc. is one of a number of affiliates that operate together under the name "ClearTalk" and offer prepaid and flat-rate cell phone service to
Arbitration. Enforcement of Agreements to Arbitrate. McCarran-Ferguson Act. Fifth Circuit holds that state law prohibiting arbitration in insurance contracts was preempted by the New York Convention.
In fall 2015, McDonnel Group, L.L.C. ("McDonnel") purchased a builders risk insurance policy (the "policy") from defendant insurers for a construction
III-41- Things That Make You Go "Hmmm" in Employment Law
This Episode looks at recent employment law developments that may make you go "hmmm"
Better late than never: SGCA sets aside award after belated challenge by non-participating party to arbitration
In Rakna Arakshaka Lanka Ltd v Avant Garde Maritime Services (Pte) Ltd 2019 SGCA 33 (“Rakna Arakshaka”), the Court of Appeal confirmed that a
Court strikes down New York anti-arbitration provisions
As we reported here and here, New York State has enacted laws prohibiting mandatory arbitration of sexual harassment claims and all other
Supreme Court evaluates hybrid arbitration agreement
The Supreme Court recently considered the validity of a hybrid arbitration agreement which provided for the formation of a tribunal under the
Enforcement Against a Sovereign State: A Relaxation of the Rules of Service
Sovereign States have, for a long time, enjoyed a degree of protection from the English courts under the State Immunity
2018 DIS Arbitration Rules - one year on
On 1 March 2018 the German Arbitration Institute's (DIS's) new Arbitration Rules (the 2018 DIS Arbitration Rules) came into force. The highly
Rock Beats Scissor: Federal Law Cuts Through New York State’s Attempt to Prohibit Mandatory Arbitration of Sexual Harassment Claims
Proponents of mandatory arbitration in New York can collectively let out a sigh of relief as a federal court judge has weighed in on the question of
VIAC obtained a permit to administer Russian corporate disputes
On 4 July 2019 the Vienna International Arbitral Centre (VIAC) obtained permission from the Ministry of Justice of the Russian Federation to act as
Guide on Commercial Dispute Resolution
The commercial disputes in UAE are generally resolved through litigation or arbitration. Wherein arbitration is nowadays the most common and
Agreement to Arbitrate Acknowledged, Not Accepted, Eighth Circuit Says
Recent workplace arbitration jurisprudence from the Supreme Court of the United States has drawn quite a bit of attention in the employment arena
English Law on the World Stage: Why London is still forum of choice for international litigants.
Despite the current political uncertainty, the English Courts continue to see high levels of international and cross-border litigation, as
Beware of taking too many bites of the cherry: the effect of res judicata by merger
In a characteristically careful and considered judgment handed down today, Chief Master Marsh declared that the Court had no jurisdiction to hear a
Ninth Circuit Follows McGill Decision, Cementing Arbitration Risk in California
The U.S. Court of Appeals for the Ninth Circuit has passed on an opportunity to fix the so-called McGill problem in California, affirming the denial
Southern District of New York Rules Federal Law Preempts New York State Law Banning Arbitration of Sexual Harassment Claims
Many retail employers require their employees to agree to arbitrate employment-related disputes as a condition of employment. The United States
PJSC Tatneft v Bogolyubov: Security for costs order against Russian Claimant with assets in Switzerland and Cyprus
In PJSC Tatneft v Bogolyubov 2019 EWHC 1400 (Comm) the High Court gave a useful indication as to the readiness of the English Courts to award
Hong Kong Court grants anti-suit injunction against third party
In circumstances where a non-party to a contract becomes entitled to enforce a right under that contract (for example, a company may be a beneficiary
A residential tenancy branch arbitrator erred in granting an order for possession to a landlord when he failed to adequately address the issue of the landlord’s good faith intentions, and the adequacy of the renovation permits
The LandlordAppellant, Aarti Investments Ltd., was unsuccessful in attempting to appeal a decision of a Chambers Judge. The Chambers Judge had set
The Eighth Circuit Says a Delegation Clause Isn’t Valid (and Calls Wrap Contract Formation Into Doubt at the Same Time)
So, remember when we talked about Just How Small the Bullseye Is for Challenging a Delegation Clause a few weeks ago? Apparently, the target is small
ICSID releases updated rules proposal and compendium of State and public comments
On 15 March 2019, following public consultations with states and stakeholders, ICSID released its second draft working paper of its proposed